46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO CRIMINAL SENTENCING; INCREASING PENALTIES FOR CERTAIN LARCENY OFFENSES; AMENDING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 30-16-3 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-3, as amended) is amended to read:

"30-16-3. BURGLARY.--Burglary consists of the unauthorized entry of [any] a vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, with the intent to commit [any] a felony or theft therein.

A. [Any] A person who, without authorization, enters a dwelling house with intent to commit [any] a felony or theft therein is guilty of a [third] second degree felony.

B. [Any] A person who, without authorization, enters [any] a vehicle, watercraft, aircraft or other structure, movable or immovable, with intent to commit [any] a felony or theft therein is guilty of a [fourth] third degree felony."

Section 2. Section 30-16-11 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-11, as amended) is amended to read:

"30-16-11. RECEIVING STOLEN PROPERTY--PENALTIES.--

A. Receiving stolen property means intentionally to receive, retain or dispose of stolen property knowing that it has been stolen or believing it has been stolen, unless the property is received, retained or disposed of with intent to restore it to the owner.

B. The requisite knowledge or belief that property has been stolen is presumed in the case of a dealer who:

(1) is found in possession or control of property stolen from two or more persons on separate occasions;

(2) acquires stolen property for a consideration [which] that the dealer knows is far below the property's reasonable value. A dealer shall be presumed to know the fair market value of the property in which he deals; or

(3) is found in possession or control of five or more items of property stolen within one year prior to the time of the incident charged pursuant to this section.

C. For the purposes of this section:

(1) "dealer" means a person in the business of buying or selling goods or commercial merchandise; and

(2) "stolen property" means [any] a property acquired by theft, larceny, fraud, embezzlement, robbery or armed robbery.

D. [Whoever commits receiving stolen property when the value of the property is one hundred dollars ($100) or less is guilty of a petty misdemeanor.

E. Whoever commits receiving stolen property when the value of the property is over one hundred dollars ($100) but not more than two hundred fifty dollars ($250) is guilty of a misdemeanor.

F.] Whoever commits receiving stolen property when the value of the property is [over two hundred fifty dollars ($250) but] not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.

[G.] E. Whoever commits receiving stolen property when the value of the property is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.

[H.] F. Whoever commits receiving stolen property when the value of the property exceeds twenty thousand dollars ($20,000) is guilty of a second degree felony.

[I.] G. Whoever commits receiving stolen property when the property is a firearm is guilty of a [fourth] second degree felony [when its value is less than two thousand five hundred dollars ($2,500)]."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.